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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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I have received a summons to appear in court for driving without

Resolved Question:

I have received a summons to appear in court for driving without due care and attention, I am 18 years old and had only been driving for two months when this incident happened. I was at traffic lights when they turned green I started forward and realised I was in the wrong lane and I proceeding forward rather than turning, there was a car in the nearside lane but she turned left, I did not think it caused the other car to swerve. After I pulled away a car followed me flashing its lights, I did not stop as we are told repeatedly not to stop when someone flashes you, when I got to the next set of traffic lights the person in this car shouted to open the window and he said he was a off duty police officer and he was going to have me. A couple of days later he called to my house and gave the forms to my mom as the car is registered in her name, she explained she was not driving the car at the time it was her son, so he said she would have to fill it in anyway and send it back, a few days after that he came around again to my house and said I was to fill in the form and send it back, which I did. At no time did he ask me to show my licence, insurance, car registration or MOT, the car was brand new so did not require it. His written assessment of what actually happened does not match mine. What can I do? I cannot afford a solicitor and my mom is a single parent so she cannot afford one for me. Please help.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

What can I do about the summons, the officer's statement is not as I remember it, I am very concerned as to what I should do next, obviously I do not want to appear in court without information as to what I should do or say.

Customer: replied 3 years ago.

Where is my reply to the request for help with summons for driving offence? Will you answer on this email or [email protected]?


 

Expert:  Jo C. replied 3 years ago.
Sorry but I'm not sure what your question is?

ARe you asking what the sentence will be ? You seem to accept the offence.
Customer: replied 3 years ago.

I accept the mistake that he is bringing up but i'm disputing the officers version of events and he's assumptions that I was speeding, also I am being charged with driving with no licence or insurance which I have

Expert:  Jo C. replied 3 years ago.
Thank you.

If you have a licence and insurance then those charges are simply resolved by attending court and producing that documentation. If you are licensed and insured then the charges will be withdrawn.

In relation to the matter of driving without due care, even on your version of events you do not have a defence. What you can do is attend court and pleaded guilty on the basis of your version of events. It will be for the court to decide whether the difference between your account and the officers would make a material difference to sentence. If they conclude that it would then they can hold a hearing called a Newton hearing in which they hear evidence and decide which they prefer. The risk of that is that if you lose then you will lose credit for your guilty plea and there will be costs against you. Usually it is possible to get the bench to say that they don't think there would be a material difference in sentence.

Can I clarify anything for you?

Jo
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